10/11 Wed Judicial Review Video

What is the main power of the Supreme Court?

• To declare laws unconstitutional

• To review lower court decisions

• To create expectations and predictability

• To uphold or affirm the validity of laws

Answer explanation

The main power of the Supreme Court lies in its ability to declare laws unconstitutional. This power, known as judicial review, allows the Supreme Court to effectively check and balance the powers of the other branches of government.

Which branch of government does the Supreme Court have the power to check?

• Legislative branch

• Executive branch

• Both legislative and executive branches

• None of the above

Answer explanation

The Supreme Court has the power to check both the legislative and executive branches of government. This is part of the system of checks and balances in the US government, where each branch has some measure of influence over the other branches and may choose to block procedures of the other branches. The Supreme Court can declare laws (legislative branch) or presidential actions (executive branch) unconstitutional, thereby invalidating them.

What does judicial review involve?

• Reviewing lower court decisions

• Invalidating actions of the legislative and executive branches

• Declaring laws unconstitutional

• All of the above

Answer explanation

Judicial review involves checking the actions of the legislative and executive branches to ensure they are not unconstitutional. If these actions are found to be in violation of the constitution, they are invalidated. This is why the option 'Invalidating actions of the legislative and executive branches' is the correct answer to this question.

Which types of laws can the Supreme Court review? (It's more than 1 answer)

• Congressional laws

• State laws

• Federal bureaucratic agency actions

• Presidential actions

Answer explanation

The Supreme Court has the power to review all types of laws: Congressional laws, State laws, Federal bureaucratic agency actions, and Presidential actions. This power is often referred to as 'judicial review', and it allows the Court to interpret the Constitutionality of these laws and actions.

What is the origin of the power of judicial review?

• It is explicitly granted by the Constitution

• It was established by the Marbury vs. Madison case

• It is an implied power of the judiciary

• It is a violation of separation of powers

Answer explanation

The power of judicial review was established by the Marbury vs. Madison case. This ruling formed the basis for the exercise of judicial review in the United States under Article III of the Constitution. It did not explicitly granted by the Constitution, nor is it an implied power of the judiciary, and it's not considered a violation of separation of powers.

Why do Supreme Court precedents have a binding effect?

• Due to the principle of stare decisis

• To prevent future Supreme Courts from overturning prior decisions

• To maintain consistency and predictability in the law

• All of the above

Answer explanation

Supreme Court precedents have a binding effect due to the principle of stare decisis, which requires courts to follow previous rulings. This principle helps to prevent future Supreme Courts from overturning prior decisions, thus maintaining consistency and predictability in the law. Therefore, all of the provided options collectively represent the correct answer.

What is the purpose of appellate decisions?

• To rewrite statutes

• To redefine the law without rewriting the statute

• To make laws without legislative involvement

• To provide guidance to executive agencies

Answer explanation

The purpose of appellate decisions is not to rewrite statutes or make laws without legislative involvement. Nor is it to provide guidance to executive agencies. Rather, it is to interpret and apply the law, sometimes leading to a redefinition of the law without rewriting the statute. This allows the law to evolve and adapt to new situations and contexts.

Which case established the Miranda Warning?

• Marbury vs. Madison

• Brown vs. Board of Education

• Miranda vs. Arizona

• U.S. vs. Nixon

Answer explanation

The case that established the Miranda Warning was Miranda vs. Arizona. In this landmark decision, the Supreme Court ruled that detained criminal suspects, prior to police questioning, must be informed of their constitutional right to an attorney and against self-incrimination.

What is the concern regarding judicial review?

• It violates the idea of separation of powers

• It allows judges to make laws

• It undermines the authority of elected representatives

• All of the above

Answer explanation

The concern regarding judicial review encapsulates all of the listed options. It's criticized for violating the principle of separation of powers as it allows judges, the judiciary, to interfere with the legislative process. Critics argue it lets judges essentially make laws. Furthermore, it's thought to undermine the authority of elected representatives, encroaching on the realm of the legislative branch. Thus, all of the above options are relevant.

What is the main reason for the Supreme Court's power and authority?

• Its prestige and reputation for impartiality

• Its ability to strike down laws frequently

• Its alignment with the executive branch

• Its adherence to the principle of stare decisis

Answer explanation

The Supreme Court derives its power and authority primarily from its prestige and reputation for impartiality. This is because the court's decisions are seen as unbiased and above political influence. This reputation for impartiality gives the court its unique position of respect and authority in the American governmental system.